As of the end of 2001, the Federal Register was 67,702 pages long, up from 53,620 in 1990.

What's the Federal Register? You'll find a copy in many public libraries and almost all law libraries. It's the publication which officially lists all regulations put out by the Federal government. (Note that I said regulations, not laws. There is a huge difference.) By law, any new rule put out by any regulatory agency (OSHA, EPA, USDA, FDA, NRFB, FAA, USDOT, SEC, etc.) must be listed in the Federal Registry. Due to the sheer volume of new regulations issued on a non-stop basis, new updates are published every week.

It's a remarkable thing, the Federal Registery. See if your library has one some time. If look through it, you'll see that it varies tremendously. Sometimes there will be several regulations to a page. Sometimes one regulation will run for more than a page by itself. These regulations entail things like how much water your toilet tank may hold, how much stores in Detroit are charged for milk, or how many Filbert Nuts can be sold on the open market this month.

By the way, if you think Congress writes those pages, think again. Congress does not issue regulations, and can't order the regulatory agencies to do anything. The President technically has that authority, but he's bound by countless laws the Congress passed to prevent him from making any big changes. Congress didn't want Presidents having too much power over regulatory agencies that they created. The regulatory agencies, in effect, issue regulations based on their own mostly-independent authority.

Weirdest of all? Most of the regulations are not even subject to review by the courts.

So, in a very real sense, these agencies issue "regulations" that have the force of law, but which, most of the time, only a direct law passed by Congress and signed by the President can overrule. In only extreme circumstances can anyone other than the regulatory agency itself change or overrule any regulation.

While you contemplate how much sense that makes, ponder this as well: There were 67,702 pages of regulations at the end of 2001. There'll be more by the end of 2002--a whole new Federal Register is issued every single year.

Let's stick with that 67,702 figure for the moment, though. Let's say you make reviewing what the Regulatory Agencies do your full-time job. Let's give you 8 hours a day, 5 days a week, with two 15-minute breaks a day. You're allowed two weeks for vacation and sick days. If that were the case, you would have to review 271 pages a day worth of regulations.

That would give you about a minute and 40 seconds to read what's on each page, contemplate the impact it would have on your fellow citizens, and to decide whether you thought it should stay as-is, be changed, or simply be stricken. Remember, every single item on there is law that must be obeyed.

By the way, that minute-forty does not allow for time to do research, ask questions, or look up terms you don't understand. Oh yes, and if you plan to go back and rethink any decisions you made last week, last month, or even just five minutes ago, you'll have to find a way to budget that in to your minute-forty per page, too.

Also remember, by the way, that I have allowed you no time to review the laws Congress passes, the Federal budget, or any of the state and local laws which may relate to the regulations in some fashion.

Out of curiosity, how much time do you suppose your Congressman spends on this little exercise? Or your President?

Remember, judges don't get to review any of this either, unless someone goes to court to try to prove that a regulation is in conflict with an existing law. Otherwise, for any major changes, Congress and the President must pass a law.

Next time someone tells you we are governed by three branches of Federal government, you might want point out that there are really four: Legislative (Congress), Executive (the President), Judicial (the courts), and Regulatory (OSHA, FEMA, NRFB, EPA, USDA, FDA, FCC, FAA, and so on.). People will probably look at you funny. They might not even believe you. But, would you be wrong if you said it?

You may also want to remember all this the next time some wag tells you that our government is "accountable to the people." If you're like me, you'll laugh. Hysterically.

If you want an even bigger laugh, try this little exercise with the Federal Budget some time. Or the tax code. And remember, it would be foolish to suggest that there is anything troubling about any of this.

* Update * Tony Woodlief has a great story that kind of relates to this, you may want to give it a read.